Vermont Statutes Title 13 Sec. 8002
Terms Used In Vermont Statutes Title 13 Sec. 8002
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: includes an adjudication for delinquency for purposes of this chapter only, unless otherwise specified. See
- Court: means the Criminal Division of the Superior Court. See
- Discretionary disqualification: means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mandatory sanction: means a penalty, disability, or disadvantage imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. See
- Offense: means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States. See
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means a state of the U. See
§ 8002. Definitions
As used in this chapter:
(1) “Collateral consequence” means a mandatory sanction or a discretionary disqualification.
(2) “Conviction” includes an adjudication for delinquency for purposes of this chapter only, unless otherwise specified. “Convicted” has a corresponding meaning.
(3) “Court” means the Criminal Division of the Superior Court.
(4) “Decision-maker” means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance.
(5) “Discretionary disqualification” means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual’s conviction of an offense. Discretionary disqualifications do not encompass charging decisions, such as the imposition of pre-charge diversion or intervention programs.
(6) “Mandatory sanction” means a penalty, disability, or disadvantage imposed on an individual as a result of the individual’s conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution.
(7) “Offense” means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States.
(8) “Incarceration” means confinement in jail or prison.
(9) “State” means a state of the U.S., the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)